What are the circumstances considered in determining liability of officer detaining a person beyond legal period?

— For the purpose of determining the criminal liability of an officer detaining a person for more than six hours prescribed by the Revised Penal Code, the means of communication as well as the hour of arrest and other circumstances, such as the time of surrender and the material possibility for the fiscal to make the …

What will be the consequence if the police officer was delayed in delivering detained persons to proper judicial authorities?

Article 125 of the Revised Penal Code provides for the penalty of arresto mayor or in its maximum period to reclusion temporal, or from 4 months and 11 days to 20 years imprisonment, for the crime of a public officer or employee who, after detaining a person, “shall fail to deliver such person to the proper judicial …

How long can a person be detained without being charged Philippines?

Article 7 Section 18 of the Constitution provides for a maximum of three days’ detention of a suspect without any charges being filed on two conditions: (1) The writ of habeas corpus has been suspended. (2) The case is rebellion or invasion and public safety requires detention of the suspect.

Can you be illegally detained?

Unlawful police detention is when law enforcement, without legal justification, restricts a person’s freedom to leave. A police detention is a seizure of the person. If it is unreasonable, it violates the seized person’s Fourth Amendment rights. If it violates the Fourth Amendment, it is unlawful.

Who is responsible for keeping a person in illegal custody?

Under Section 44 of Criminal Procedure Code, either the Judicial or the Executive Magistrate may arrest a person or order a person to arrest the offender for committing an offence in his presence; the authority to grant bail or to keep an offender in custody is in the hands of the Magistrate according to the provision …

What are the rights of a detain person?

Article 22(2) of the constitution provides that “no person who is arrested shall be detained in custody without being informed as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by a legal practitioner of his choice.”

What are the constitutional rights of the person before he is held under police custody?

The Miranda Doctrine means that prior to questioning during custodial investigation, the person must be warned that he has the right to remain silent, that any statement he gives may be used as evidence against him, and that he has the right to the presence of an attorney, either retained or appointed.

How many hours should a person be detained for offenses punishable by correctional penalties or their equivalent?

The penalties privided in the next preceeding article shall be imposed upon the public officer or employee who shall detain any persons to the proper judicial authorities within the period of six hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and eighteen hours, for crimes or …